[Xylakant]

Severance is not in the law in germany. Notice periods are, but there are some substantial differences. You can’t take on a job after having received or handed in your notice - you’re in principle still expected to work. If you just decide to not show up, that’d grounds for immediate termination.

Both sides can agree by contract to terminate the employment immediately (Aufhebungsvertrag) and those contracts often stipulate a severance, but for example they also often stipulate that any wages from jobs you take on in that period get deducted from the severance payment.

[jpatokal]

Severance applies when the company lays you off. If you're fired for cause (say, not showing up), you're rarely entitled to anything.

[Xylakant]

In germany, severance is uncommon, even if the company lays you off. You get your three month notice, and after that, no further payment is made. Things may differ if the situation is slightly complicated, for example the company would prefer you gone earlier, they may offer you a payment lower than the wage for the notice period and you’re gone earlier or if they might not be allowed to terminate your employment for legal reasons to avoid lengthy lawsuits. Sometimes severance payments are negotiated in mass layoffs in unionized companies.

My point was: severance differs substantially from a notice period. If you’re laid off with severance, you can go and get a different job the next day. If you’re laid off with a notice period you cannot. You must show up and work the next day. If you don’t, you’ll be terminated without notice. A common thing that people do is that they call in sick after either being served or handing in their notice - same thing happens. Immediate termination.

[user5994461]

Please stop spreading misinformation. There are few circumstances where an employees can be immediately terminated and calling in sick is not one of them.

[Xylakant]

Calling in sick when you’re not is grounds for immediate termination. Doubly so if you made the grave error of announcing that - the announcement alone could be sufficient (Bundesarbeitsgericht, Urteil vom 12.03.2009, 2 AZR 251/07). That’s really field day for a lawyer.

Citation: http://m.hensche.de/Arbeitsrecht_aktuell_Kuendigung_vorgetae...

Calling in sick after handing in your notice is also a standard reason to send you to the Amtsarzt who will check your doctors diagnosis.

Calling in sick when you are, is not usually grounds for a termination, but that’s not what’s being discussed here.

[user5994461]

First, you never specified that it was about sick leave while not actually being sick.

Either way, it is not an immediate termination, there is a long procedure to follow. I have to repeat again, there are very few circumstances where an employee can be immediately terminated.

[Xylakant]

> First, you never specified that it was about sick leave while not actually being sick.

Which could have been clear from the context.

> Either way, it is not an immediate termination, there is a long procedure to follow

Which would be? Have you read the court decisions I quoted, especially the one from the BAG? The lengthy process was as follows: The employee threatened to call in sick if holiday was not granted on May 25th. He did not show up for work on May 27th. The first immediate termination on June 1st had a formal error and was rejected. The second immediate termination from June 7th was formally upheld. The only reason that the case was sent back to the previous court is that the previous court did not confirm whether the employee was indeed ill.

That's not exactly "lengthy". It's not always easy to prove that the employee was not sick, but legal literature is full of examples.

> I have to repeat again, there are very few circumstances where an employee can be immediately terminated.

That's true and I never pretended otherwise. Most cases for immediate termination are based in the fact that the employee knowingly attempts to defraud the employer. Trying not to show up for work if you've been fired or quit on your own is a prime example of that. The fraud is in trying to get a wage that you haven't worked for.